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" A seal upon an executory instrument, hereafter executed, is only presumptive evidence of a sufficient consideration, which may be rebutted, as if the instrument was not sealed. "
Kirchwey's Cases on the Law of Mortgage - Page 200
by George Washington Kirchwey - 1917 - 764 pages
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Chase's Pocket Code: The Code of Civil Procedure of the State of New York ...

New York (State) - Civil procedure - 1916 - 1682 pages
...presumptive evidence of consideration. A seal upon an executory instrument, hereafter executed, is only presumptive evidence of a sufficient consideration, which may be rebutted, as if the instrument was not sealed. -j ,JI From 2 RS 406 (Part 3, c. 7, lit. 3), $ 77. (^ $ 841. [Am'd,...
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The Law of Real Property Mortgages in New Jersey

Reuben Knox - Mortgages - 1918 - 574 pages
...parties." Not a mortgage case. Knorr v. Lloyd, 47 Ad. 54 (Chan. 1900). In Com. Stat. p. 2240, section 66, "The seal thereof shall be only presumptive evidence...be rebutted as if such instrument was not sealed." 35. Voluntary Mortgage. "The mortgage [given to protect property against an anticipated judgment] was...
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The New York Code of Civil Procedure: As Amended by the Legislature to and ...

New York (State) - Civil procedure - 1919 - 688 pages
...presumptive evidence of consideration. A seal upon an executory instrument, hereafter executed, is only presumptive evidence of a sufficient consideration, which may be rebutted, as if the instrument was not scaled. (Am. by L. 1877, ch. 416.) Derivation. — RS, pt. 3, ch. 7. tit. Y....
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Legislative Document, Volume 40, Issue 111

New York (State). Legislature - New York (State) - 1919 - 1508 pages
...instrument as evidence of consideration. A seal upon an executory instrument^, hereafter executed,] is only presumptive evidence of a sufficient consideration, which may be rebutted as if the instrument was not sealed. [Code g 840. Board's Evidence Law, § 110.] § 358. Testimony of party...
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Laws of the State of New York, Volume 4

New York (State) - Session laws - 1920 - 930 pages
...on executory instrument as evidence of conI s40 sideration. A seal upon an executory instrument is only presumptive evidence of a sufficient consideration, which may be rebutted as if the instrument was not sealed. same, § 343. Testimony of party may be rebutted. The testimony of a...
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The Civil Practice Manual of the State of New York, Containing Civil ...

New York (State) - 1920 - 1210 pages
...342. Seal on executory instrument as evidence of consideration. A seal upon an executory instrument is only presumptive evidence of a sufficient consideration, which may be rebutted as if the instrument was not sealed. same, § 343. Testimony of party may be rebutted. The testimony of a...
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Wisconsin Reports, Volume 170

Wisconsin. Supreme Court, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold, Arnold LeBell - Law reports, digests, etc - 1920 - 784 pages
...was signed, provides, "A seal upon an executory instrument hereafter executed shall be received as only presumptive evidence of a sufficient consideration, which may be rebutted as if the instrument was not sealed." See, also, Carey v. Dyer, 97 Wis. 554, 73 NW 29. If the court meant...
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Cases on the Law of Contracts, Part 1

George Purcell Costigan - Contracts - 1921 - 1544 pages
...The statute reads: 'That in every action upon a sealed instrument or where a set-off is founded on a sealed instrument, the seal thereof shall be only...be rebutted, as if such instrument was not sealed,' etc. "Suppose the presumption that the seal carries with it, that there is a sufficient consideration,...
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Clevenger's Supreme Court Practice: Being Civil Practice Act and Rules of ...

New York (State). - Civil procedure - 1921 - 904 pages
...342. Seal on executory instrument as evidence of consideration. A seal upon an executory instrument is only presumptive evidence of a sufficient consideration, which may be rebutted as if the instrument was not sealed. Source — CCP § 840 unchanged— Eevisers' Note. Star (*) means read...
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Parsons' Practice Manual of the State of New York

Civil procedure - 1921 - 1502 pages
...342. Seal on executory instrument as evidence of consideration. A seal upon an executory instrument is only presumptive evidence of a sufficient consideration, which may be rebutted as if the instrument was not sealed. Derivation. — Code civ. proc., § 840, as am. by L. 1877, Y. Supp....
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